Sec. ZZZ-1. Managed behavioral health care services system. The following provisions apply to the managed behavioral health care services initiative to be undertaken by the Department of Health and Human Services pursuant to Public Law 2005, chapter 457, Part PP through an administrative service organization or managed care organization:
1. Prior to implementation of administration or management of services, savings projected to be achieved by the managed behavioral health care services system may not be achieved through reductions in provider rates below their levels on January 1, 2006 or through eliminations of categories of services provided by community providers or consumer groups; and
2. With regard to any contracts with administrative services organizations or managed care organizations entered into by the department in the implementation of managed behavioral health care:
A. Except for treatment provided at the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center, any contract for administrative or managed behavioral health care services must include all adult and children's mental health services funded under the MaineCare program and no services may be excluded, delayed, carved out or administered under separate contract;
B. Any contractual agreement for administrative or managed behavioral health care services must include utilization review functions for all categories of services;
C. The administrative services organization or managed care organization may perform rate-setting functions without regard to current levels of reimbursement for providers of services; and
D. During the first year of any contract, the administrative services organization or managed care organization shall contract with all providers of mental health services that meet departmental requirements and receive MaineCare funding as of June 30, 2006.
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